let's get started tonight uh good evening and welcome i hereby call to order the scheduled planning board meeting on April 21st 2025 uh please stand for the pledge of allegiance to the flag of the United
States of America and to the stands one nation indivisible with liberty and justice for all i hereby announce that this meeting is being held in accordance with chapter 231 the open public meeting act proper
notice of meeting dates has been given to the Morris newspap and the Morris County Daily Record and posted on the bulletin board in wall this meeting is a judicial proceeding any questions or comments must be limited to issues that are relevant to what the board may
legally consider in reaching a decision and the quorum appropriate to a judicial hearing must be maintained at all times karen roll please Mr blick present mr wolf present mr bezel here miss Becker
present mr kelly Mr houston present mayor Carr present mrs mccluskey here and Mr president um before we look at the approval of the meeting minutes from
last month uh I just want to make mention that Miss Laney uh Mr brewer are not present tonight um Miss Elise and Dana Hubard is here in Mr brewer's place um sir Elise Hard i'm an attorney with the
firm of Mary Zid and Falcon um another land use attorney in our office covering this meeting tonight on behalf of Andy from Middle thank you okay uh next on the agenda is the approval of meeting minutes from March
17th 2025 uh the board members received a copy of the minutes uh does anyone have any additions or corrections after correction on page 360 the second paragraph have you missed yet you have to speak into it to the speaker
okay page 360 second paragraph mr donnelly replied "It is a one-story house so one gay should be bay garage will be sufficient." That's all I have thank you
any anybody else okay so with that correction I'd like to make motion to approve these minutes um can I get a a second i'll second them okay can I get a voice vote all in favor i any
opposed okay motion carried okay so I got Mr organic second and who was first i assume you were okay Karen okay okay uh next on the agenda agenda are comments from the
public and this is to speak on matters other than those on the agenda hi I'm Lee Connor to Tower Hill Road and I I have two questions one is I'm looking for the of the planning board reorg on January 30th
2025 and they're not on the website uh and I wondered is are they not approved or do I need to open them or how' I get that no they should have been approved karen is this the you're looking for the planning board minutes yeah planning that's a transcript and you could have
asked the clerk for a copy of it but they're not going online the whole transcript does not go online oh okay because other So all they have to do is ask other meetings are so I will ask the transcript no transcript has been on
on the on the website so sometimes minutes go up and sometimes transcripts do what happens when there's a transcript when there's a a synography you're taking the minutes over at the uh community center there's no speaker to
do a set of minutes so it's a transcript okay and then that's would you can you could get that from the clerk okay thank you you're welcome and um my second question was I wonder if there were any applications for the uh vacant acne lot
any applications for development coming up there uh to date I'm I'm not aware of any that have come through so the planning board hasn't seen any right does you have anyone you want to introduce to the lot i have some ideas but no takers
thank you thank you anyone else okay I'll close this portion of the agenda committee reports uh minor site plan committee nothing right now
and the master review committee we also have nothing right now okay I'll close this portion of the agenda as well correspondence and bills karen do we have correspondence
we have bills all right i I have Okay a purchase order 20250624 uh dated 410 of 25 this is for uh from Mariti Falcon LLP uh for General Legal Services totaling $945
purchase order number two is 20250625 dated 410 of 25 also from Mercedi Falcon LLP this is for litigation and this is for $752.50
and the last purchase order here is 20250 619 dated 49 of 25 this is from Anderson and Denler this is for professional services totaling $19340
so can I get a motion to approve second second i already second two seconds um all in favor okay karen I'll um close this portion of
the agenda okay next on the agenda are the two applications uh first one being PB-4-24 R Keller Construction 109 Mountain Way block 67 lot 7.01 uh the order of business tonight is
Memorialized Resolution 259 uh each board member received a copy of this via email um I didn't receive any comments from the board but does anyone have any comments or corrections does any board member want
Miss Lando Hubard to read the resolution yes i actually have a few minor corrections before I read through the resolution on page one the fourth as Peter Donny's name is spelled incorrectly there should be two
L's on page three letter H uh testified is spelled incorrectly that's just a typo and then on page five uh number one is prepared in the second sentence or the second line so with those what was the last
prepared number on page five number one okay okay so with those corrections I'll read the entire resolution resolution for minor subdivision approval with variances for the planning board burrow of Morris Plains application number
PB-04-24 applicant is Bar Keller Construction for the premises of 109 Mountain Way block 67 lot 7.01 whereas R kelly construction known as the developer made application to the planning board of the borrow of Morris Plains the board for minor subdivision
approval of variance relief known as a development on property owned by the applicant designated as block 67 lot 7.01 on the tax map of the B of Morris Plains commonly known as 109 Mountain Way the property or the site and the applicant published a hearing notice in
an official newspaper of the board and provided notice of the application to those required to receive the same in accordance with the law and filed proof of publication and of service with the board secretary and whereas the board held a hearing on the application on
March 17 2025 reviewed documents filed by the applicant reviewed the reports of the board engineer William D ryden PE and the board planner Elizabeth Lehaney AICP PP and considered the testimony and exhibits presented by the applicant and
whereas on March 17 2025 public hearing oh at the I'm sorry at the March 17 2017 2015 oh my god you must have sent this whereas at the March 17 2025 public hearing Peter Donnelly Esquire
represented the applicant and whereas after carefully considering the evidence presented by the applicant the board now makes the following factual findings and conclusions one as requested in its application dated January 27 2025 the applicant sought the following from the
board minor subdivision approval to subdivide block 67 lot 7.0 in two to two separate parcels along with the variance for minimum sideyard setback for the existing home that will remain two the applicant submitted and the board consider the following
documents which were made part of the application a application for development dated December 16 2024 with checklist A and F b minor subdivision plan consistent consisting of three sheets prepared oh there's another typo prepared by cores and engineering dated
92425 revised 11325 architectural plans consisting of four sheets prepared by Rosen Kelly Conway dated 91324 last revised 91824 the board considered following submitts from its consultants report by William Ryden PE of Anderson and Dustler
Associates Densler Associates board engineer March 5th 2025 and report of board planner Elizabeth Lehaney AICP dated March 5th 2025 and four where and for the board carefully consider the
following testimony at the public hearing applicant produced Peter Cororsen PE PP and LS who was sworn and accepted as an expert in the field of civil engineering and planning mr corsen testified as to the existing conditions on the property and the applicable
zoning c he testified that the subject property is located in the R3 zone and consists of approximately 26,000 square feet d mr corson testified that in the R3 zone minimum sideyard setback is 8 ft while the existing home is 4.7 ft from
the sideyard property line and will remain 4.7 ft from the property line after the proposed subdivision is perfected e mr mr corsen testified that the application complies with all other vote requirements I'm sorry regulations in the Morris Plains Code f mr corsen
testified that the requested variance falls within the C2 classification that the benefits outweigh the detriments g he testified that the current lot is oversized at approximately 26,000 square ft whereas the minimum of 7,200 ft is required and the proposed subdivision
would result in lots that are in accordance with the applicable zoning and with the neighboring parcels mr cords and testified that the proposed application promotes both promotes purposes E and I of the municipal land use law i he testified that the
application provides adequate light air and open space and provides for appropriate density in conformance with other lots in the area j he testified that at that there are minimum minimal negative impacts in that the proposed lots will be the same size as others in
the neighborhood and the existing home has been located 4.7 ft from the property line for many years the applicant consented to comply with the conditions set forth in the review letters of the board engineering letter five with regard to the applicant's request for variance relief
the board finds the following facts and conclusions a the applicant's requested variance relief is set forth in an opportunity for improved zoning and planning for the track that will benefit the community by allowing for development and parcels in conformance
with the existing neighboring development in addition the board finds that the benefits of of deviations would substantially outweigh any detriment variance rel can be granted without substantial detriment to the public good and with no impairment to the burough's zone plan or zoning ordinance b the
board finds that the variances will not substantial detriment to the surrounding property owners c the board finds further finds that the requested variance will not substantially impair the intent of the purpose of zone the development as a whole is consistent with the zone plan for the area and the
pattern of the existing existing development the variance is not a substantial deviation from the zone plan has existed for many years and results in a better zoning alternative for property now therefore be it resolved by the planning board of the burough of
Morris Plains in the county of Mars in the state of New Jersey on the 21st day of April 2025 as follows one the board hereby grants minor subdivision approval as set forth in the minor subdivision plan consisting of three sheets prepared by Corsen Engineering dated
92424 and revised 11325 subject to the conditions set forth herein two variance relief from the minimum sideyard setback as set forth above is granted subject to the following conditions a the applicant shall comply with the March 5th 2025 report of the
board engineer prior to filing subdivision deeds confirmed in writing by the board engineer b the applicant shall comply with the March 5th 2025 report to board planner prior to filing the subdivision deeds confirmed in writing by the board planner c the existing screen patio on proposed lot
7.012 must be removed prior to the signing of the subdivision deeds three the applicant will provide a copy of the subdivision deed for written approval by the board attorney and engineer and record all required easements if any at the same time as the subdivision deed
four if any of the individual findings conclusions or conditions as stated in this resolution are subsequently declared invalid then the remaining findings and conclusions shall be deemed insufficient to support the decision of the board in the remaining conditions five prior to signing subdivision D
applicant to obtain all outside of all other outside agency approvals six the board secretary shall provide a copy of the resolution to the burough attorney to and to the construction official within 20 days of the date here of
uh seven this resolution shall take effect as provided by lawification no I don't okay does the board have any additional questions no okay with the stated corrections can I have a motion to approve resolution 259 i approve is
there a second second karen can I get a roll call yes we have one correction it should be out way so that is on Page three under F i just read right through it but it should say outweigh
and not outweigh the second line so that would be another do I need to go back through with that i would just ask the whoever moved the resolution accept it with the additional amendment which I do
second by so roll call Mr yes Mr wolf yes Mr bezel abstain Miss yes Mr houston yes mayor yes yes and Mr yes
okay thank you okay our second application tonight is PB-3-23 eric and Marie Langford care of Cali Law LLC 6 Parker Drive lot 192 lot 4 this is
for dismissal without prejudice um as a courtesy to the board um who are not here in 2022 including myself um I I put together a brief historical sum summary of the
application so um this application was a minor subdivision with bulk variants which was filed back in October of 2022 with the Morse Plains Planning Board upon review the bureau advised that this application should have been filed with the Morse Plains Zoning Board and had to
be refiled the application was refiled in March of 2023 upon the Morse Plain Zoning Board review the applicant was advised that this application did in fact reside back with the Morse Plains Planning Board this was in May of
2023 in mid June of 2023 the Morris Plains planner and the board engineer corresponded stating that the application was incomplete and then in late June of 2023 the Morse Plains Planning Board secretary sent a letter to the applicant
stating that the application was incomplete there had been no response from the applicant until roughly 18 days ago on April 3rd where the Langford family stated that they were no longer pursuing a
subdivision okay so high level in a nutshell that's what that application was all about so the order of business tonight is to adopt resolution 25-10 dismissing application PB-3-23 without prejudice so each of the
board members received a copy by email uh do any of the board members have any comments i have a question were there still escrow funds on deposit karen there's some yes okay question i don't need to ask
you sure yes um okay so at this time do does any board member want Miss And then I'll cover okay read the resolution yes always always
you know you make a mistake and you put your your maiden name as your middle name and everyone tries to use it and you really don't need it and you're married 20 years and you're like I appreciate that so on this one I also had a few minor corrections the applicant's name is spelled incorrectly it should be Langford and it's Lang's
door in both the locations unless it's wrong on the agenda it is because So it's wrong on the agenda the agenda is incorrect okay well then those are correct and then um I believe it's uh Cali Law Firm is
two L's i believe Larry Cali is the applicant's attorney that's should be two L's okay resolution dismissing application PB-3-23 without prejudice whereas Eric
and Marie Langdorf at the applicant submitted application PB-3-23 seeking us to subdivide block 192 lot 4 and whereas on June 19th 2023 the board declared application
PB-3-23 to be incomplete and provided applicant and its attorney with notice of the determination and whereas since June 19th 2023 the applicant has not provided additional information or documents to address the determination of the completeness and whereas on April 3rd 2025 applicant notified the board of
its decision to cease all efforts to subdivide L 192 4 a copy of which is attached to this resolution and whereas the planning board secretary has provided notice to the applicant of its intention to dismiss application PB-3-23 without prejudice due to failure
to proceed with the application now Laura Ford be it resolved by the planning board of bur Morris plane from the county of Morris in the state of New Jersey on this 21st day of April 2025 as follows application number PB-3-23 of Eric and Marie Langdorf care
of Cali Law is hereby dismissed without prejudice the planning board secretary mist the planning board secretary shall arrange for the return of all any and all unused escrow funds on deposit with the planning board in connection with the enforce application and three this
resol resolution shall take effect as provided by law okay so with corrections can I get a motion to approve resolution 25-10 make a motion to approve with those changes is there a second second
karen roll call please okay mr blick yes mr wolf yes mr bezel yes mr steer yes mr houston yes yes mrs mr yes okay so I'll close this portion of
the agenda uh old business new business question any after all the investment on the story of McDonald's is there any update on that the answer in the litigation being filed tomorrow
I didn't know that okay and then they'll just proceed to the normal course of litigation Anything else okay our next scheduled planning board meeting is in 3 weeks on May 12th 2025 right here in the council chambers uh
can I get a motion to adjourn tonight's meeting so move all second i'll second all in favor opposed okay appreciate everybody's input be safe home tonight see you next
month thank you